Guam Complaint for Malicious Prosecution Involving Filing a False Police Report

State:
Multi-State
Control #:
US-02262BG
Format:
Word; 
Rich Text
Instant download

Description

The elements of a cause of action for malicious prosecution include the following: (1) the commencement or continuation of an original judicial action or proceeding, either civil or criminal, by, or at the instance of, the defendant, (2) malice in the commencement of such action or proceedings, (3) lack of probable cause for commencing the action or proceeding (4) termination of the original action or proceeding in favor of the defendant in that action or proceeding (plaintiff in the malicious prosecution action), and (5) injury or damage sustained as a result of the original action or proceeding.

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FAQ

Under CANRA, Mandated reporters have a legal responsibility to report known or reasonably suspected child abuse or neglect. Reporters are those whose duties bring them in contact with minors on a regular basis. Reporters include employees such as faculty, academic personnel, student employees, and other administrators.

Consequences of Failing to Report A person who fails to make a required report is guilty of a misdemeanor punishable by up to six months in jail and/or up to a $1,000 fine (California Penal Code Section 11166[c]).

Section 11172 - Immunity of mandated reporter (a) No mandated reporter shall be civilly or criminally liable for any report required or authorized by this article, and this immunity shall apply even if the mandated reporter acquired the knowledge or reasonable suspicion of child abuse or neglect outside of their ...

Neglect is the most common form of child abuse. Physical abuse may include beating, shaking, burning, and biting.

Child abuse and neglect, as defined in CANRA, includes: physical abuse, sexual abuse (including both sexual assault and sexual exploitation), willful cruelty or unjustified punishment, unlawful corporal punishment or injury, and neglect (including both acts and omissions).

These professionals can include health care providers, mental health providers, crisis counselors, school personnel, social workers, day care providers and law enforcement personnel, among others.

?What Must be Reported to CACI?? The law requires child welfare agencies to make a CACI report to the CA DOJ whenever they substantiate an allegation of 1) physical abuse, 2) sexual abuse, 3) mental abuse, or 4) severe neglect.

CANRA reports are confidential, except as outlined in California Penal Code section 11167.5, subdivision (b).

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Guam Complaint for Malicious Prosecution Involving Filing a False Police Report